Act No. 8 of 2010
19th day of April, 2010
An Act to provide for establishment and incorporation of the Dr. K.N.Modi University, Newai (Tonk) in the State of Rajasthan and matters connected therewith and incidental thereto.
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(1) This Act may be called the Dr. K. N. Modi University, Newai (Tonk) Act, 2010.
(2) It extends to the whole of the State of Rajasthan.
(3) It shall come into force at once.
In this Act, unless the context otherwise requires,-
(1) The first Chairperson and the first President of the University and the first members of the Board of Management and the Academic Council and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, are hereby constituted a body corporate by the name of the Dr. K. N. Modi University, Newai (Tonk).
(2) The movable and immovable property specified in the Schedule I shall be vested in the University and the Sponsoring Body shall, immediately after commencement of this Act, take steps for such vesting.
(3) The University shall have perpetual succession and a common seal and shall sue and be sued by the said name.
(4) The University shall situate and have its headquarters at Plot No. INS-1, RIICO Industrial Area, Phase-II, Newai, District Tonk.
The objects of the University shall be to undertake research and studies in the disciplines specified in Schedule II and such other disciplines as the University may with the prior approval of the State Government, determine from time to time and to achieve excellence and impart and disseminate knowledge in the said disciplines.
The University shall be self-financed and shall not be entitled to receive any grant or other financial assistance from the State Government.
The University shall have no power to affiliate or otherwise admit to its privileges any other institution.
(1) There shall be established an Endowment Fund, as soon as may be after coming into force of this Act with an amount of rupees one crore which has been deposited by the Sponsoring Body with the State Government.
(2) The Endowment Fund shall be used as security deposit to ensure that the University complies with the provisions of this Act and functions as per provisions of this Act, Statutes and Ordinances. The State Government shall have the powers to forfeit in the prescribed manner, a part or whole of the Endowment Fund in case the University or the Sponsoring Body contravenes any of the provisions of this Act or Statutes, Ordinances, Regulations or rules made thereunder.
(3) Income from the Endowment Fund may be utilised for development of infrastructure of the University but shall not be utilised to meet out the recurring expenditure of the University.
(4) The amount of the Endowment Fund shall be invested and kept invested until the dissolution of the Un
The University shall establish a fund, which shall be called the General Fund to which following shall be credited, namely:-
The General Fund shall be utilized for meeting all expenses, recurring or non-recurring in connection with the affairs of the University:
Provided that no expenditure shall be incurred by the University in excess of the limits for total recurring expenditure and total non-recurring expenditure for the year, as may be fixed by the Board of Management, without the prior approval of the Board of Management.
The following shall be the officers of the University, namely:-
(1) The Chairperson shall be appointed by the Sponsoring Body with the consent of the State Government for a period of five years from the date on which he enters upon his office and shall not be eligible for re-appointment:
Provided that a Chairperson shall notwithstanding the expiration of his term continue to hold office until his successor enters upon the office.
(2) Any vacancy in the office of Chairperson shall be filled within six months from the date of such vacancy.
(3) The Chairperson shall, by virtue of his office, be the head of the University.
(4) The Chairperson shall, if present, preside at the meetings of the Board of Management and at the convocation of the University for conferring degrees, diplomas or other academic distinctions.
(5) The Chairperson shall have the following powers, namely:-
(1) The President shall be appointed by the Chairperson from a panel of three persons recommended by the Board of Management and shall, subject to the provisions contained in sub-section (8), hold office for a term of three years:
Provided that, after expiry of the term of three years, a person shall be eligible for re-appointment for another term of three years:
Provided further that a President shall notwithstanding the expiration of his term continue to hold office until his successor enters upon the office.
(2) Any vacancy in the office of President shall be filled within six months from the date of such vacancy.
(3) The President shall be the principal executive and academic officer of the University and shall exercise general superintendence and control over the affairs of the University and shall execute the decisions of the authorities of the University.
(4) The President shall preside at the convocation of the University in the absence of
(1) The Pro-President shall be appointed by the Chairperson in consultation with the President.
(2) The Pro-President shall hold office for a period of three years and shall be eligible for re-appointment for a second term.
(3) The conditions of service of the Pro-President shall be such as may be prescribed by the Statutes.
(4) If the Chairperson is satisfied, on an enquiry made or caused to be made on a representation made to him or otherwise, that the continuance of the Pro-President in his office is prejudicial to the interest of the University or the situation so warrants, he may, by an order in writing and stating the reasons therein for doing so, ask the Pro-President to relinquish his office from such date as may be specified in the order:
Provided that before taking an action under this sub-section, the Pro-President shall be given an opportunity of being heard.
(5) The Pro-President shall assist the President in such matters as are assig
(1) The Provost shall be appointed by the President for such period and in such manner as may be prescribed by the Statutes.
(2) The Provost shall ensure discipline in the University and shall keep the various unions of the teachers and employees advised of the various policies and practices in the University.
(3) The Provost shall exercise such other powers and perform such other duties as may be prescribed by the Statutes.
(1) The Proctor shall be appointed by the President for such period and in such manner as may be prescribed by the Statutes.
(2) The Proctor shall be responsible for the maintenance of discipline among the students and keep the various students' unions advised of the various policies and practices in the University.
(3) The Proctor shall exercise such other powers and perform such other duties as may be prescribed by the Statutes.
(1) There shall be a Dean of each Faculty who shall be appointed by the President for a period of three years in such manner as may be prescribed by the Statutes.
(2) The Dean shall convene meetings of the faculty, as and when required, in consultation with the President and shall preside over the same. He shall formulate the policies and development programme of the faculty and present the same to the appropriate authorities for their consideration.
(3) The Dean of Faculty shall exercise such other powers and perform such other duties as may be prescribed by the Statutes.
(1) The Registrar shall be appointed by the Chairperson, in such manner as may be prescribed by the Statutes.
(2) All contracts shall be signed and all documents and records shall be authenticated by the Registrar on behalf of the University.
(3) The Registrar shall be the Member Secretary of the Board of Management and Academic Council but he shall not have a right to vote.
(4) The Registrar shall exercise such other powers and perform such other duties as may be prescribed by the Statutes.
(1) The Chief Finance and Accounts Officer shall be appointed by the President in such manner as may be prescribed by the Statutes.
(2) The Chief Finance and Accounts Officer shall exercise such powers and perform such duties as may be prescribed by the Statutes.
(1) The University may appoint such other officers as may be necessary for its functioning.
(2) The manner of appointment and powers and functions of such officers shall be such as may be prescribed by the Statutes.
The following shall be the authorities of the University, namely:-
(1) The Board of Management of the University shall consist of the following, namely:-
(2) The Board of Management shall be the principal executive body of the University. All the movable and immovable property of the University shall vest in the Board of Management. It shall have the following powers, namely:-
(1) The Academic Council shall consist of the President and such other members as may be prescribed by the Statutes.
(2) The President shall be the Chairperson of the Academic Council.
(3) The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Act and the rules, Regulations, Statutes or Ordinances, made thereunder, co-ordinate and exercise general supervision over the academic policies of the University.
(4) The quorum for meetings of the Academic Council shall be such as may be prescribed by the Statutes.
The composition, constitution, powers and functions of other authorities of the University shall be such as may be prescribed by the Statutes.
A person shall be disqualified for being a member of any of the authorities of the University, if he-
No act or proceeding of any authority of the University shall be invalid merely by reason of any vacancy or defect in the constitution thereof.
Any vacancies occurred in the membership of authorities of the University due to death, resignation or removal of a member or due to change of capacity in which he was appointed or nominated, shall be filled up as early as possible by the person or the body who had appointed or nominated such a member:
Provided that the person appointed or nominated as a member of an authority of the University on an emergent vacancy, shall remain member of such authority for only the remaining period of the member, in whose place he is appointed or nominated.
The authorities or officers of the University may constitute such committees with such terms of reference as may be necessary for specific tasks to be performed by such committees. The constitution of such committees and their duties shall be such as may be prescribed by the Statutes.
(1) Subject to the provisions of this Act, the Statutes of the University may provide for all or any of the following matters, namely:-
(1) Subject to the provisions of this Act or Statutes made thereunder, the Ordinances may provide for all or any of the following matters, namely:-
The authorities of the University may, subject to the prior approval of the Board of Management, make regulations, consistent with this Act and the rules, Statutes and the Ordinances made thereunder, for the conduct of their own business and that of the committees appointed by them.
(1) Admission in the University shall be made strictly on the basis of merit.
(2) Merit for admission in the University may be determined either on the basis of marks or grade obtained in the qualifying examination and achievements in co-curricular and extra-curricular activities or on the basis of marks or grade obtained in the entrance test conducted at the State level either by an association of the universities conducting similar courses or by any agency of the State:
Provided that admission in professional and technical courses shall be made only through entrance test.
(3) Reservation in admission to the University for scheduled castes, scheduled tribes and other backward classes, women and handicapped persons shall be provided as per the policy of the State Government.
(1) The University may, from time to time, prepare its fees structure and sent it for approval of the committee constituted for the purpose.
(2) The committee shall consider the fees structure prepared by the University and if it is satisfied that the proposed fees is-
(3) The fees structure approved by the committee under sub-section (2) shall remain in force for three years and the University shall be entitled to charge fees in accordance with such fees structure.
(4) The University shall not charge any fees, by whatever name called, other than that for which it is entitled under sub-section (3).
At the beginning of each academic session and in any case not later than 30th of August of every calendar year, the University shall prepare and publish a schedule of examinations for each and every course conducted by it and shall strictly adhere to the schedule.
Explanation.- "Schedule of Examination" means a table giving details about the time, day and date of the commencement of each paper which is a part of a scheme of examinations and shall also include the details about the practical examinations:
Provided that if, for any reason whatsoever, the University has been unable to follow this schedule, it shall, as soon as practicable, submit a report to the State Government incorporating the reasons for making a departure from the published schedule. The Government may, thereon, issue such directions as it may deem fit for the compliance of the schedule.
(1) The University shall strive to declare the results of every examination conducted by it within thirty days from the last date of the examination for that particular course and shall in any case declare the results latest within forty-five days from such date:
Provided that if, for any reason whatsoever, the University is unable to finally declare the results of any examination within the aforesaid period of forty-five days, it shall submit a report incorporating the reasons for such delay to the State Government. The State Government may, thereon, issue such directions as it may deem fit.
(2) No examination or the results of an examination shall be held invalid only for the reasons that the University has not followed the time schedule as stipulated in section 34 or, as the case may be, in section 35.
The convocation of the University shall be held in every academic year in the manner as may be prescribed by the Statutes for conferring degrees, diplomas or for any other purpose.
The University shall obtain accreditation from the NAAC, as per the norms of the NAAC and inform the State Government and such other regulating bodies which are connected with the courses taken up by the University about the grade provided by the NAAC to the University. The University shall get renewed such accreditation from time to time as per the norms of the NAAC.
Notwithstanding anything contained in this Act, the University shall be bound to comply with all the rules, regulations, norms, etc. of the regulating bodies and provide all such facilities and assistance to such bodies as are required by them to discharge their duties and carry out their functions.
(1) The annual report of the University shall be prepared by the Board of Management which shall include among other matters, the steps taken by the University towards the fulfilment of its objects and copy of the same shall be submitted to the Sponsoring Body.
(2) Copies of the annual report prepared under sub-section (1) shall also be presented to the State Government.
(1) The annual accounts including balance sheet of the University shall be prepared under the directions of the Board of Management and the annual accounts shall be audited at least once in every year by the auditors appointed by the University for this purpose.
(2) A copy of the annual accounts together with the audit report shall be submitted to the Board of Management.
(3) A copy of the annual accounts and audit report alongwith the observations of the Board of Management shall be submitted to the Sponsoring Body.
(4) Copies of annual accounts and balance sheet prepared under sub-section (1) shall also be presented to the State Government. The advice of the State Government, if any, arising out of the accounts and audit report of the University shall be placed before the Board of Management. The Board of Management shall issue such directions, as it may deem fit and compliance shall be reported to the State Government.
(1) For the purpose of ascertaining the standards of teaching, examination and research or any other matter relating to the University, the State Government may cause an inspection, to be made in such manner as may be prescribed, by such person or persons as it may deem fit.
(2) The State Government shall communicate to the University its recommendations in regard to the result of such inspection for corrective action. The University shall adopt such corrective measures and make efforts so as to ensure the compliance of the recommendations.
(3) If the University has failed to comply with the recommendations made under sub-section (2) within a reasonable time; the State Government may give such directions as it may deem fit for such compliance.
(1) The State Government may call for information from the University relating to its working, functions, achievements, standard of teaching, examination and research or any other matters as it may consider necessary to judge the efficiency of the University in such form and within such time as may be prescribed by rules.
(2) The University shall be bound to furnish the information as required by the State Government under sub-section (1) within the prescribed time.
(1) The Sponsoring Body may dissolve the University by giving a notice to the effect in the prescribed manner to the State Government and the employees and the students of University at least one year in advance:
Provided that dissolution of the University shall have effect only after the approval of the State Government and the last batches of students of the regular courses have completed their courses and they have been awarded degrees, diplomas or awards, as the case may be.
(2) On the dissolution of the University all the assets and liabilities of the University shall vest in the Sponsoring Body.
(1) If it appears to the State Government that the University has contravened any of the provisions of this Act or the rules, Statutes or Ordinances made thereunder or has violated any of the directions issued by it under this Act or has ceased to carryout any undertakings given by it to the State Government or a situation of financial mismanagement or mal-administration has arisen in the University, it shall issue notice requiring the University to show cause within forty-five days as to why an order of its liquidation should not be made.
(2) If the State Government, on receipt of reply of the University on the notice issued under sub-section (1), is satisfied that there is a prima facie case of contravening any of the provisions of this Act or the rules, Statutes or Ordinances made thereunder or of violating directions issued by it under this Act or of ceasing to carryout the undertakings given by it or of financial mismanagement or mal-administration, it shall make an ord
(1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
(2) All rules made under this Act shall be laid, as soon as may be, after they are so made, before the House of the State Legislature, while it is in session, for a period of not less than fourteen days which may be comprised in one session or in two successive sessions and if before the expiry of the session in which they are so laid or of the session immediately following, the House of the State Legislature makes any modification in any such rules or resolves that any such rules should not be made, such rules shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder.
(1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty:
Provided that no order under this section shall be made after the expiry of a period of two years from the date of commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, shall be laid before the House of the State Legislature.
The provisions of this Act and the rules, Statutes, Ordinances made thereunder shall have effect notwithstanding anything to the contrary contained in any other law, for the time being in force, relating to the matters in respect of which the State Legislature has exclusive power to make laws.
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